Law 3.1

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27 Questions

According to John Locke, what is the main difference between Natural Law and Natural Rights?

Natural Law is about moral duties towards others, while Natural Rights are moral claims we can make, particularly from the state.

What is the main concept behind Immanuel Kant's idea of Moral Autonomy & Dignity?

Humans are rational beings with inherent worth and deserve respect.

According to the text, which human rights critique focuses on gender biases in laws due to patriarchal structures?

Feminist Theory critique

Which human rights system is based on the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights?

Inter-American Human Rights System

In Immanuel Kant's philosophy, what does acting in a way that respects humanity as an end, rather than a means, emphasize?

The inherent value of individuals

Which critique of human rights focuses on resource disparities and enforcement difficulties leading to allegations of Western dominance and human rights as instruments for hegemony?

National Sovereignty critique

Which case involves dwarf 'tossing' events and the problematic implications of freedom of expression and individual rights versus potential harm?

Manuel Wackenheim v France

According to the text, which human rights system is centered around addressing rights and freedoms within the context of Islamic law, and women and children's rights?

Arab Human Rights System

In legal discussions, what do the questions regarding human dignity, dignified living, and the right to work emphasize?

State obligations

Which critique of human rights advocates for intersectionality and addresses the clash between universal rights and women’s specific needs?

Universal vs. Particular critique

Based on the text, which critique focuses on inadequate redress for gender-based violence and undervalued economic and reproductive rights?

Violence and Discrimination critique

In Immanuel Kant's Philosophy, what does he emphasize as the need for diverse and inclusive women's perspectives?

The inherent value of women's perspectives

According to the text, which human rights system integrates regional values with human rights based on its declaration and intergovernmental commission?

ASEAN Human Rights System

Which international covenant split from the draft ICHR into two separate covenants?

ICCPR

Which category of rights does the ICCPR safeguard?

Civil and political rights

Under what conditions does the ICCPR permit states to derogate from certain obligations?

During critical situations

Which committee reviews and advises states on Economic, Social, and Cultural Rights?

Committee on Economic, Social, and Cultural Rights

According to the text, which philosopher proposed the 'Kingdom of Ends' as a community of individuals respecting each other's freedoms?

Immanuel Kant

What do critiques of human rights universality include?

Dominance of Western ideals

Which philosopher's 'Moral Theory' centers on individual freedom and the 'Greatest Happiness Principle'?

John Stuart Mill

Which treaty allows states to modify obligations according to their national laws?

Vienna Convention Articles 19-23

According to the text, which principle justifies legal intervention to prevent harm to others?

The Harm Principle

What is a challenge in human rights enforcement related to inconsistent reporting by states?

Monitoring difficulties

Who played a pivotal role in drafting the Universal Declaration of Human Rights (UDHR)?

Eleanor Roosevelt

Which philosopher's work focused on equal basic liberties and fair equality of opportunity?

John Rawls

The text discusses the distinction between negative (freedom from interference) and positive (freedom to control one's life) liberty by which philosopher?

Isaiah Berlin

Who articulated the 'Four Freedoms' that inspired the drafting of the Universal Declaration of Human Rights (UDHR)?

Franklin D. Roosevelt

Study Notes

  • The text discusses the philosophical foundations of autonomy and non-instrumentalization in law, through the works of Immanuel Kant ("Kingdom of Ends") and John Stuart Mill ("On Liberty").
  • Kant's "Kingdom of Ends" proposes a community of individuals respecting each other's freedoms, inspiring participatory rights in democratic societies.
  • Mill's "Moral Theory" centers on individual freedom and the "Greatest Happiness Principle," advocating for personal and social progress.
  • The Harm Principle, a component of Mill's theory, justifies legal intervention to prevent harm to others.
  • Mill's advocacy for freedom of expression is crucial for the discovery of truth and the well-being of society.
  • John Rawls' "Justice as Fairness" centers on equal basic liberties and fair equality of opportunity.
  • Isaiah Berlin's "Two Concepts of Liberty" distinguish between negative (freedom from interference) and positive (freedom to control one's life) liberty.
  • The text discusses the historical context leading to the creation of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) in the aftermath of World War II.
  • The UDHR was drafted to prevent future human rights violations, inspired by the "Four Freedoms" articulated by Franklin D. Roosevelt.
  • Eleanor Roosevelt played a pivotal role in drafting the UDHR, drawing on the works of philosophers and jurists like Charles Malik and Rene Cassin.
  • The UDHR's influence led to the drafting of the ICCPR to transform aspirations into enforceable obligations.

Test your knowledge on international human rights covenants such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), as well as their influence on the European Convention on Human Rights (ECHR).

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